Rajasthan High Court - Jaipur
Annapurna Sain. vs Punit Kumar Sain. on 4 December, 2014
Author: Ajay Rastogi
Bench: Ajay Rastogi
D.B.Civil Misc.Appeal No.1679/2014. Annapurna Sain. VERSUS Punit Kumar Sain. 04.12.2014. HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE BANWARI LAL SHARMA Mr.Shashi Bhushan Gupta, Counsel for appellant. Mr.Sanjay Gangwar, Counsel for respondent.
***** Instant appeal is directed against order of the ld.Family Court dt.01.02.2014 rejecting joint application filed by the parties seeking divorce u/S.13B of the Hindu Marriage Act on the premise that one of the party did not appear, rejected vide ex-parte order dt.01.02.2014.
After the notices of the present appeal came to be served, respondent's counsel appeared and it is brought to our notice that a joint application seeking divorce by consent was submitted by the parties on 30.07.2013 and since six months is a statutory period, the matter was posted on 11.12.2013 but on the said date, the ld.Presiding Officer was on leave, as such, the matter was posted on 01.02.2014 and on that date of hearing, respondent did not appear for some personal reason and the ld.Presiding Officer dismissed the joint application filed on account of non-appearance of one of the party under order impugned dt.01.02.2014.
After hearing the parties and taking note of the material available on record, we do not find justification in passing the order dt.01.02.2014 by the ld.Family Court, Ajmer.
The instant appeal is accordingly allowed and the order of the ld.Family Court, Ajmer dt.01.02.2014 is hereby quashed and set aside and the Matrimonial Case No.636/2013 is restored to its original number and is remitted back to the ld.Family Court, Ajmer to decide the joint application filed by the parties dt.30.07.2012 u/S.13B of the Act expeditiously in accordance with law.
Let the parties, as agreed, may appear before the ld.Family Court, Ajmer on 15.12.2014 and both the counsel shall inform their respective client to remain present before the ld.Family Court, Ajmer on 15.12.2014 at 10:30 AM.
(BANWARI LAL SHARMA),J. (AJAY RASTOGI),J. All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A